Retrogression of Certain Family-Based Priority Dates for Aug 2006
Posted Jul 21, 2006
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As we informed MurthyDotCom and MurthyBulletin readers on Monday, July 17, 2006, the U.S. Department of State issued the August 2006 Visa Bulletin on that day. Important developments in Employment-Based visa numbers were reported in our July 17, 2006 NewsFlash! EB2 for Indian Nationals Unavailable in Aug 2006!, eMailed to our subscribers and posted on MurthyDotCom. The Visa Bulletin also indicates significant changes in the Family-Based categories. The most far-reaching change is in Family First Preference (unmarried, adult children of U.S. citizens). The cutoff date in that category moved backwards, to January 1, 1997 for worldwide, India, and China. The reason for the retrogression of the cutoff dates is the fact that we are nearing the end of the fiscal year, and, thus, the annual numerical limits are close to being reached. The 2007 fiscal year, along with the reallocation of immigrant visa numbers, begins October 1, 2006.
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The dates in the August Visa Bulletin are effective as of August 1, 2006. Therefore, individuals whose family-based categories will retrogress in August, but show availability in July, can file I-485 Adjustment of Status Applications to reach the USCIS on or before July 31, 2006, or complete on-going consular processing before the end of July 2006. Those categories with forward movement in August, so that there will be availability in August, can only file I-485s or complete consular processing for immigrant visas on or after August 1, 2006.  
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Family First Preference
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As stated, Family First Preference, for unmarried, adult children of U.S. citizens, moved backwards considerably for the worldwide chargeability as well as for India and China. The cutoff date for August is January 01, 1997 for all of these areas of chargeability. The cutoff dates moved forward a bit to June 1, 1992 for Mexico and to October 1, 1992 for the Philippines.
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Family Second Preference
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The Family Second Preference, F2A, for spouses and minor children of permanent residents, moved forward by seven days, to September 8, 1999, for all areas of chargeability.
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The Family Second Preference, F2B, for unmarried adult children (referred to as "sons and daughters" instead of children) of permanent residents was unchanged for the worldwide chargeability, remaining at September 22, 1996. China and India moved forward by a month, also to September 22, 1996. The most drastic change was for the Philippines, which moved backwards by four years, to December 1, 1992. Mexico remained unchanged in this category.
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Family Third Preference
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Family Third Preference is for married adult children of U.S. citizens. In this category, Mexico moved backwards by more than ten years, to January 1, 1981. The Philippines also moved backward by several years, to December 1, 1985. The rest of the world, including the worldwide category, India, and China, moved forward slightly, to September 8, 1998.
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Family Fourth Preference
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Family Fourth Preference for brothers and sisters of U.S. citizens moved forward by one and one-half months for the worldwide chargeability, to June 15, 1995. China moved backwards, to July 1, 1994. Mexico also moved backward to January 1, 1993. India moved forward by three months, to January 1, 1995. The Philippines moved forward by one month, but is backlogged to January 15, 1984.
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In this category it takes anywhere from ten to twenty years for siblings of U.S. citizens and their families to obtain permanent residence.
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Conclusion
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The nearness of the end of the fiscal year and the depletion of the annual visa number allocation is evident from some of the remarkable backward movement in the visa dates. This could continue through September 2006. Even with the start of the new fiscal year on October 1, 2006, there is no assurance that the immigrant visa numbers will return to where they were before the August Visa Bulletin, or that they may move significantly forward. As we at the Murthy Law Firm have said before, backlogs measured in years - often more than five and even as many as twenty in certain family-based categories - highlight the desperate need for more visa numbers. We continue to advocate for a change in legislation and other significant improvements to the immigration system. It is vital that Congress recognizes and addresses the lengthy processing times for families and takes action to promote family unity under the U.S. immigration law system.